Download or read book Regional Economic Community Courts and the Advancement of Environmental Protection and Socio economic Justice in Africa written by Rahina Bukar Zarma and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on three regional economic communities (REC) courts in Africa that nevertheless possess a human rights jurisdiction i.e. the Court of Justice of the Economic Community of West African States (the ECOWAS Court), the East African Court of Justice (the EACJ), and the Southern African Development Community Tribunal (the SADC Tribunal) - this dissertation investigates the relationships among the RECs, states, activists and the courts themselves, as producing and framing the specific conditions under which environmental protection and socio-economic justice in the region in Africa are either advanced or stifled. The dissertation discusses the ways in which the mandates and jurisdictions of these REC courts transitioned from their original mandates as regional integration courts to human rights or environmental protection courts, and conversely, how one of the three courts, the SADC Tribunal, regressed back to its original (non-human rights inclusive) mandate and jurisdiction. Arguing, and demonstrating, that jurisdiction and mandate are essential to the pursuit of of environmental protection and socio-economic justice before these REC courts, the dissertation illuminates the specific ways in which the mandates and jurisdiction that states, activists, RECs, and the courts themselves interact to manipulate, expand, or shrink the mandates and jurisdictions of the REC courts under study. The chapter dissertation demonstrates using doctrinal and empirical analyses how the REC courts provide additional and alternative forums for activists and victims of environmental and socio-economic abuse to seek justice and hold their governments accountable. It argues that severe restriction or lack of access to these institutions is the most potent barrier to the goals of seeking some form of vindication/redress in such fora that that many populations who are affected by environmental and socio-economic justice issues have. The dissertation demonstrates how these REC courts are very often engaged by activists and local populations as tools or resources for demanding and (in many cases) obtaining significant degrees of environmental protection and socio-economic justice from the more powerful state actors and so engages the question of the effectiveness of these institutions. Along these lines, the dissertation shows how activists and local populations utilize these courts to force transparency from otherwise reluctant and recalcitrant governments.
Download or read book Regional Developmentalism through Law written by Jonathan Bashi Rudahindwa and published by Routledge. This book was released on 2018-05-20 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering a study of regionalism in Africa and investigating the ways in which law can be used to address the issues raised by regional processes on the continent, this book examines the African Economic Community, considering that it has been entrusted to coordinate and to harmonize policies between various Regional Economic Communities (RECs) across the continent, thereby influencing the continent’s approach towards regional integration. It seeks to identify how law can be used to strengthen the African RECs while ensuring that they achieve their goal of promoting regional development across the continent. Drawing upon economic and political theories, and using a critical doctrinal analysis of legal texts and norms, the book uncovers the legal and economic underpinnings of the model of regional integration followed by the regional schemes operating under the banner of the AEC, aiming to contribute to the search for effective methods to ensure the success of these various initiatives. Proposing the concept of "Regional Developmentalism Through Law" as the most suitable conceptual framework to support the effective establishment of an African Economic Community, this book will be of interest to researchers, academics and policy makers interested in the correlation between law, regional integration and development in Africa.
Download or read book Reconciling Environmental Protection and Economic Development in Sub Saharan Africa The Case of Cameroon written by Ruddy Fualefeh Morfaw Azanu and published by GRIN Verlag. This book was released on 2019-03-26 with total page 155 pages. Available in PDF, EPUB and Kindle. Book excerpt: Master's Thesis from the year 2018 in the subject Environmental Sciences, grade: A, University of Buea, course: LLM International Law, language: English, abstract: This work has engaged in refining current understandings of the possibilities for attaining environmental conservation objectives amidst the incessant struggle for economic advancement in Sub-Saharan Africa (SSA). It has examined the inability of the region to properly assimilate sustainable developmental tenets as reflected in the weaknesses of the several legislations that exist. The analysis was done through the concept of the respect for the Rule of Law and considered all relevant factors in terms of structural and administrative changes as well as reflected needs of the region, using Cameroon as a case study. Through the doctrinal research approach, it demonstrated in theory, the correlation between environmental protection and economic development. Looking at the legal, policy and institutional frameworks for environmental protection within SSA and Cameroon, it has examined the effect of the several legislations on business and trade, and therefore the overall upshot on economic development. The work has consequently scrutinized the possibility of reconciling environment and economic needs through green growth and a green economy. Amidst these difficulties associated with the concept of sustainable development, the question was therefore contemplated whether the pressing international calls for the restriction of the use of Africa’s resources could be tantamount to a disguised neo-colonialist move by former imperialist nations to retard the region’s advancement. The findings of the work therefore revealed outweighing difficulties associated with presently attaining green growth within the region and how its efforts continually stifle economic growth and development. The weaknesses inherently associated with the concept of sustainable development, which are strongly reflected in the prevailing African situation established some misgivings about the good-faith propagated by the ‘rich North’ towards the ‘poor South’. The work therefore suggested that the region should properly weigh its needs and goals in the light of the environment and the economy, and not rush into commitments it cannot live up to. To achieve this, it would have to integrate the opinions of all stakeholders into the decision-making process, from public to private and to individual levels.
Download or read book African Regional Community Courts and Their Contribution to Continental Integration written by Jörg Kleis and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: African Regional Communities have been portrayed by international legal scholars on a regular basis. Yet, this is only partially the case with regard to their respective judicial organs. For the first time a contribution exclusively focuses on the West African ECOWAS, the Southern African SADC and the East African EAC courts and their jurisprudence. After outlining the potential of community courts to contribute to integration follows a microscopic analysis of pertinent extracts from their judgments regarding the courts' methodology, their jurisdiction and procedural law, the hierarchy between community and national legislation, the question of regional human rights protection and the essential obstacle to integration, which is non-compliance. The research is completed by evaluating whether the three courts had a share in the integration process and to what extent they are able to further promote integration in the future.
Download or read book ECOWAS Law written by Jerry Ukaigwe and published by Springer. This book was released on 2016-02-05 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the emerging jurisprudence of the Economic Community of West African States (ECOWAS), and seamlessly knits together all the disparate texts, policies and judicial decisions into a single, coherent resource. The work is deliberately crafted to address the lack of a comprehensive resource on the subject, and guide lawyers, policy-makers, Community citizens, researchers, students and civil society organisations through the labyrinth of the Community's laws and policies. From a socio-legal perspective, it unearths political, socio-economic and legal structures that impinge on the integration cause on the one hand, and dilute the efficacy of the Community legal regime on the other hand. Also, it exposes contemporary terrorism and conflict in West Africa and the legal interventions that the Community has adopted to respond to these challenges. In sequence, it traces and expounds the legal development of the Community norms with respect to sources of law, human rights, supra-nationalism and laws of the member states, reference procedure, action for damages, freedom of movement, discrimination and competition policy.The book particularly evaluates the extent of the human rights jurisdiction of the Community Court of Justice, as well as jurisdictional limitations to the protection of Community rights either at national or Community level. Also, it sheds light on the jurisdictional chasm existing between Community law and member states' national laws, and offers proven constitutional, legislative and judicial solutions to plug the gap. It explains vividly the common market, free movement of goods and the impact of Economic Partnership Agreement (EPA) on the entire ECOWAS free trade policy. In all these analyses, evaluation and examination of norms and policies, the work draws on the European Union's rich case law on similar points to explain recondite issues of law which may arise or have arisen from the application of any of the ECOWAS texts.
Download or read book The Court of Justice of the Economic Community of West African States as a Constitutional Court written by Kangnikoé Bado and published by Nomos Verlagsgesellschaft. This book was released on 2019 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the major innovations made by the Economic Community of West African States (ECOWAS) is the unequivocal granting of a supranational role to the Court of Justice of the organisation. However, its human rights mandate has led to real and potential tensions within the ECOWAS legal order. The tensions stem from the legal force of judgements of constitutional courts of member states and the admissibility of individual petitions before the Court. This work identifies some deficiencies in the current regime of the human rights mandate of the Court. Gaps exist at the level of the member states' constitutional order, as well as at the community level. The supranational competence of the jurisdiction must be implemented by the possibility of ordering concrete measures to be taken by states for the reparation of human rights violations. Innovative solutions are suggested in this work in order to fill procedural and substantial gaps in the protection system established in West Africa.
Download or read book The Court of Justice of the Economic Community of West African States as a Constitutional Court written by Kangnikoé Bado and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Eine der wichtigsten Innovationen der Wirtschaftsgemeinschaft Westafrikanischer Staaten (ECOWAS) ist die eindeutige Gewährung einer supranationalen Rolle an den Gerichtshof der Organisation. Sein Menschenrechtsmandat hat jedoch zu realen und potenziellen Spannungen innerhalb der ECOWAS-Rechtsordnung geführt.Die Spannungen ergeben sich aus der Rechtskraft von Urteilen von Verfassungsgerichten der Mitgliedstaaten und der Zulässigkeit von Individualbeschwerden vor dem Gerichtshof. Diese Arbeit zeigt einige Mängel in der derzeitigen Regelung des Menschenrechtsmandats des Gerichtshofs auf. Lücken bestehen sowohl auf der Ebene der verfassungsmäßigen Ordnung der Mitgliedstaaten als auch auf der Ebene der Gemeinschaft. Die supranationale Menschenrechtsgerichtsbarkeit muss durch die Möglichkeit umgesetzt werden, konkrete Abhilfemaßnahmen zur Behebung von Menschenrechtsverletzungen an die betroffenen Mitgliedsstaaten anzuordnen. In dieser Arbeit werden innovative Lösungen vorgeschlagen, um prozessuale und substantielle Lücken im etablierten Menschenrechtsschutzsystem in Westafrika zu schließen.
Download or read book The African Regional Human Rights System written by Manisuli Ssenyonjo and published by Martinus Nijhoff Publishers. This book was released on 2011-12-23 with total page 629 pages. Available in PDF, EPUB and Kindle. Book excerpt: The African human rights system has undergone some remarkable developments since the adoption of the African Charter on Human and Peoples Rights, the cornerstone of the African human rights system, in June 1981. The year2011 marked the 30th anniversary of the adoption of the African Charter. It also marked 25 years since the African Charter entered into force on 21 October 1986.This book aims to provide reflections on most of the major human rights issues in the past 30 years of the African human rights system in practice and discussion on the future: the African Charter s impact and contribution to the respect, protection and promotion of human rights in Africa; the contemporary challenges faced by the African Human rights system in responding adequately to the demands of rapidly evolving African societies; and how the African human rights system can be strengthened in the future to ensure that the human rights protected in the African Charter, as developed in the jurisprudence of the African Commission since the Commission was inaugurated in 1987, are realised in practice.The chapters in this volume bring together the work of 20 human rights scholars and practitioners, with expertise in human rights in Africa, under the following general themes: rights and duties in the African Charter; rights of the vulnerable under the African system; implementation mechanisms for human rights in Africa; and towards an effective African regional human rights system.
Download or read book Communities in Action written by National Academies of Sciences, Engineering, and Medicine and published by National Academies Press. This book was released on 2017-04-27 with total page 583 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the United States, some populations suffer from far greater disparities in health than others. Those disparities are caused not only by fundamental differences in health status across segments of the population, but also because of inequities in factors that impact health status, so-called determinants of health. Only part of an individual's health status depends on his or her behavior and choice; community-wide problems like poverty, unemployment, poor education, inadequate housing, poor public transportation, interpersonal violence, and decaying neighborhoods also contribute to health inequities, as well as the historic and ongoing interplay of structures, policies, and norms that shape lives. When these factors are not optimal in a community, it does not mean they are intractable: such inequities can be mitigated by social policies that can shape health in powerful ways. Communities in Action: Pathways to Health Equity seeks to delineate the causes of and the solutions to health inequities in the United States. This report focuses on what communities can do to promote health equity, what actions are needed by the many and varied stakeholders that are part of communities or support them, as well as the root causes and structural barriers that need to be overcome.
Download or read book Handbook of Regional Cooperation and Integration written by Philippe De Lombaerde and published by Edward Elgar Publishing. This book was released on 2024-02-12 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an open access title available under the terms of a CC BY-NC-ND 4.0 License. It is free to read, download and share on Elgaronline.com. This timely Handbook offers a detailed cross-policy assessment on the need, locale and impact of regional cooperation and integration, addressing how the principles of regional integration have affected multi-level governance and subsequent public policy. Individual chapters provide explanations of what regional cooperation means in a specific policy area, identify relevant theories, and present empirical evidence to support the arguments outlined.
Download or read book The African Court of Justice and Human and Peoples Rights in Context written by Charles C. Jalloh and published by Cambridge University Press. This book was released on 2019-05-16 with total page 1199 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume analyses the prospects and challenges of the African Court of Justice and Human and Peoples' Rights in context. The book is for all readers interested in African institutions and contemporary global challenges of peace, security, human rights, and international law. This title is also available as Open Access on Cambridge Core.
Download or read book Social Justice in an Open World written by and published by United Nations Publications. This book was released on 2006 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Forum for Social Development was a 3 year project undertaken by the United Nations. Department of Economic and Social Affairs between 2001 and 2004 to promote international cooperation for social development and supporting developing countries and social groups not benefiting from the globalization process. This publication provides an overview and interpretation of the discussions and debates that occurred at the four meetings of the Forum for Social Development held at the United Nations headquarters in New York, within the framework of the implementation of the outcome of the World Summit for Social Development.
Download or read book Human Rights and the Environment in Africa written by Jean-Claude N. Ashukem and published by Taylor & Francis. This book was released on 2023-11-10 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: The relationship between human rights and the environment, as evidenced by the recent UN Resolution on the human right to a healthy environment, is a topical, fascinating, uneasy, and increasingly urgent one. This timely collection explores the inextricable relationship between human rights and the environment as a critical lens for understanding and addressing key human rights and environmental issues confronting Africa. The work explores theoretical, philosophical, doctrinal, and empirical research to interrogate and provide clarity on how and whether the human rights-based approach to environmental protection and policy implications has been effective in enhancing environmental protection and sustainability in Africa. It brings together an elite group of African and international experts to investigate the increasing connectivity and problems with African human rights, environmental governance, and the quest for sustainability. The book is divided into thematic clusters, including: the right of vulnerable communities to sustainability; climate change, the right to development and natural resource governance; corporate environmental responsibility and sustainability; the philosophy of environmental ethics and theories of human rights approaches to environmental governance; procedural environmental rights; the role of the judiciary in environmental protection; and desertification. These themes provide a structure to investigate and clarify specific fundamental questions on Africa’s environmental governance paradigm. This innovative contribution provides an interdisciplinary approach to the philosophical interrelationship and use of human rights approaches to ensure and enhance environmental protection and sustainability. As such, the book will be of interest to African scholars, researchers and students in Human Rights Law, Environmental Studies, Political Science, Ecology and Conservation and Development Studies. It will also be a valuable resource for policymakers, governments, NGOs, practitioners, and all those interested in African environmental governance.
Download or read book Regional Integration Human Rights and Democratic Participation in Africa written by Karin Deichmann and published by Universitätsverlag Göttingen. This book was released on 2020 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: The protection of human rights and popular participation on the first sight seem to contradict the often-existing image of the African continent. However, with the foundation of the African Union in 2000, both aspects gain greater importance on regional level. Besides that, many subregional courts within the sphere of sub-Sahara Africa partially started to develop human rights-related jurisdiction. In addition to that, most regional economic communities nowadays provide for their own parliamentary structures. The study aims to examine the several institutional structures and their competences on both, regional and subregional level. Besides that, it provides for a profound analysis of the jurisdiction of the respective courts as well as the communications of the African Commission of Human and Peoples’ Rights. Lastly, the study focuses on the correlation between the extension of the institutions’ competences and the political will of the involved governments.
Download or read book The African Criminal Court written by Gerhard Werle and published by Springer. This book was released on 2016-11-29 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers the first comprehensive and in-depth analysis of the provisions of the ‘Malabo Protocol’—the amendment protocol to the Statute of the African Court of Justice and Human and Peoples’ Rights—adopted by the African Union at its 2014 Summit in Malabo, Equatorial Guinea. The Annex to the protocol, once it has received the required number of ratifications, will create a new Section in the African Court of Justice and Human and Peoples’ Rights with jurisdiction over international and transnational crimes, hence an ‘African Criminal Court’. In this book, leading experts in the field of international criminal law analyze the main provisions of the Annex to the Malabo Protocol. The book provides an essential and topical source of information for scholars, practitioners and students in the field of international criminal law, and for all readers with an interest in political science and African studies. Gerhard Werle is Professor of German and Internationa l Crimina l Law, Criminal Procedure and Modern Legal History at Humboldt-Universität zu Berlin and Director of the South African-German Centre for Transnational Criminal Justice. In addition, he is an Extraordinary Professor at the University of the Western Cape and Honorary Professor at North-West University of Political Science and Law (Xi’an, China). Moritz Vormbaum received his doctoral degree in criminal law from the University of Münster (Germany) and his postdoctoral degree from Humboldt-Universität zu Berlin. He is a Senior Researcher at Humboldt-Universität, as well as a coordinator and lecturer at the South African-German Centre for Transnational Criminal Justice.
Download or read book The Feeding of Nations written by Mark Gibson and published by CRC Press. This book was released on 2012-02-15 with total page 687 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the last decade, the world has grown richer and produced more food than ever before. Yet in that same period, hunger has increased and 925 million remain underfed and malnourished. Exploring this troubling paradox, The Feeding of Nations: Re-Defining Food Security for the 21st Century offers a glimpse into how the simple aspiration of global food security has evolved and unfolded—with sometimes contradictory and counterproductive policies, agendas, and ideologies. Providing a holistic analysis of the issues surrounding food security, this volume engages in a cross-disciplinary approach that makes the subject accessible to readers and academically rigorous in delivery. Topics discussed include: A brief overview of our current understanding of the prevalence of hunger and malnutrition Historical perspectives on the feeding of nations, to understand how we arrived at this point Contemporary motivations that led to the creation of the modern concept of food security The many different sectors related to food security, including agriculture, environment, and policy The goals that society has set regarding food security, the means by which these are to be achieved, and current thoughts on solutions The book contains a broad set of appendices that enable focused study on critical topics presented in the text. Uniquely amalgamating all the disparate elements of food security into one volume, it sets the record straight about the origins and evolution of the phenomenon while dispelling myths along the way.
Download or read book An Introduction to the African Convention on the Conservation of Nature and Natural Resources written by World Conservation Union and published by IUCN. This book was released on 2009 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt: The African Convention on the conservation of nature and natural resources was adopted in 1968 in Algiers. Considered the most forward looking regional agreement of the time, it influenced significantly the development of environmental law in Africa. Two and a half decades of intense developments in international environmental law made it necessary to revise this treaty, update its provisions and enlarge its scope. This was undertaken under the auspices of the African Union (previously OAU), and the revision was adopted by its Heads of State and Government in July 2003 in Maputo. The introduction provides an overview of this new international treaty, as well as a commentary to each of its provisions.
